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    • Parkinator
    • By Parkinator 4th Dec 17, 11:15 AM
    • 2Posts
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    Parkinator
    DFS Sofa - would't fit up the stairs
    • #1
    • 4th Dec 17, 11:15 AM
    DFS Sofa - would't fit up the stairs 4th Dec 17 at 11:15 AM
    My SO and I ordered a corner sofa from DFS, when we ordered it we stated that we live in a 1st floor flat and we think that getting the sofa in may be a problem. The Salesman said "its the delivery drivers job they'll get it in, even if they have to take the sofa apart". So in confidence that there will be no problems we went ahead and ordered the sofa.

    So a month later the sofa is being delivered and surprise surprise, it won't fit up the stairs, the delivery was labeled as "would not fit"(because the model we ordered doesn't come to pieces on delivery). So now we're having to hope that someone orders the same sofa, or we will have to PAY DFS to take the sofa back!

    Now I feel as if we shouldn't have to pay DFS to take the sofa back as we made them aware beforehand and they still allowed us to order a sofa that doesn't fit. I was hoping someone could help me with some advice on what to do now. Especially as we now have no sofa for christmas.
Page 1
    • IAmWales
    • By IAmWales 4th Dec 17, 11:54 AM
    • 1,864 Posts
    • 3,883 Thanks
    IAmWales
    • #2
    • 4th Dec 17, 11:54 AM
    • #2
    • 4th Dec 17, 11:54 AM
    What does your paperwork say, did the salesman give a written guarantee it would fit? What did he say when you notified them of the problem?
    • glentoran99
    • By glentoran99 4th Dec 17, 11:56 AM
    • 4,947 Posts
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    glentoran99
    • #3
    • 4th Dec 17, 11:56 AM
    • #3
    • 4th Dec 17, 11:56 AM
    https://www.youtube.com/watch?v=n67RYI_0sc0
    • Oakdene
    • By Oakdene 4th Dec 17, 12:01 PM
    • 1,393 Posts
    • 4,188 Thanks
    Oakdene
    • #4
    • 4th Dec 17, 12:01 PM
    • #4
    • 4th Dec 17, 12:01 PM
    "pivot!!!!"
    Hiraeth
    • Parkinator
    • By Parkinator 4th Dec 17, 12:08 PM
    • 2 Posts
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    Parkinator
    • #5
    • 4th Dec 17, 12:08 PM
    • #5
    • 4th Dec 17, 12:08 PM
    I rang them straight after and they told us we have to wait a few days to see if someone orders the exact same sofa as us and they'll just allocate it to them and we can choose another, if not we will have to pay them a settlement fee for them to take the sofa back and sell it then we can choose another model.

    The salesman then tried to make it our fault by saying we should have told them about the narrow tight corners of the stairs, I wouldn't say the corners are tight nor narrow, and we stressed this to him at the time of ordering and he said the sofa would come to pieces for delivery which it didn't.
    • Moneyineptitude
    • By Moneyineptitude 4th Dec 17, 12:21 PM
    • 18,922 Posts
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    Moneyineptitude
    • #6
    • 4th Dec 17, 12:21 PM
    • #6
    • 4th Dec 17, 12:21 PM
    I'm afraid the responsibility was yours to ensure that you had adequate space to get this sofa into your home before placing a bespoke order.

    Unless you have a written guarantee that it would fit, I'd say you'll just have to accept the fee they charge to uplift it or hope that someone else orders the same suite.

    In future, rely on a tape measure rather than a salesman's word.
    • photome
    • By photome 4th Dec 17, 4:49 PM
    • 12,844 Posts
    • 8,313 Thanks
    photome
    • #7
    • 4th Dec 17, 4:49 PM
    • #7
    • 4th Dec 17, 4:49 PM
    I'm afraid the responsibility was yours to ensure that you had adequate space to get this sofa into your home before placing a bespoke order.

    Unless you have a written guarantee that it would fit, I'd say you'll just have to accept the fee they charge to uplift it or hope that someone else orders the same suite.

    In future, rely on a tape measure rather than a salesman's word.
    Originally posted by Moneyineptitude
    If the salesman said it would come apart to get up the stairs and it doesnt i would say it was missold

    of course proving it is another matter
    • Moneyineptitude
    • By Moneyineptitude 4th Dec 17, 5:24 PM
    • 18,922 Posts
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    Moneyineptitude
    • #8
    • 4th Dec 17, 5:24 PM
    • #8
    • 4th Dec 17, 5:24 PM
    If the salesman said it would come apart to get up the stairs and it doesnt i would say it was missold
    Originally posted by photome
    He'll obviously deny that he said that..
    • photome
    • By photome 4th Dec 17, 5:47 PM
    • 12,844 Posts
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    photome
    • #9
    • 4th Dec 17, 5:47 PM
    • #9
    • 4th Dec 17, 5:47 PM
    He'll obviously deny that he said that..
    Originally posted by Moneyineptitude
    Still doesnt make it the OPs fault.
    • DoaM
    • By DoaM 4th Dec 17, 5:48 PM
    • 3,601 Posts
    • 3,639 Thanks
    DoaM
    He'll obviously deny that he said that..
    Originally posted by Moneyineptitude
    Hence the 2nd line of that post ... which you neglected to include in the quote.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • esuhl
    • By esuhl 4th Dec 17, 5:54 PM
    • 7,783 Posts
    • 5,584 Thanks
    esuhl
    The issue is entirely DFS's problem and you are entitled to a refund. I'd give them hell, threaten court action, visit their shops to warn other customers about their illegal practices, and generally make it "in their best interests" to fulfil their obligations to you.

    They may initially be reluctant, but if they think that you are costing them lost sales, or taking up their salesmen's time, it will be cheaper for them to collect the sofa and give you a refund.

    I see DFS have an 0800 number -- you could repeatedly call it a dozen times a day, insisting on a refund each time, demanding that the call be properly logged, and keeping a tally of the number of hours you have spent on the phone. You should be able to estimate their call charges -- so let them know each time you speak to them how much you have cost them already, and that you will call back every hour until they issue a refund. Also estimate the costs of handling the call (usually around £5 to £10). Don't forget to withhold your Caller ID when you call. And call from a mobile if you can as it costs them more.

    Be very polite, but absolutely resolute that there is nothing to negotiate. They need to collect the sofa and give you a refund or you will continue to cost them money.

    That technique has worked very well for me in the past. :-)
    • Moneyineptitude
    • By Moneyineptitude 4th Dec 17, 6:09 PM
    • 18,922 Posts
    • 10,125 Thanks
    Moneyineptitude
    The issue is entirely DFS's problem and you are entitled to a refund. )
    Originally posted by esuhl
    Not on a bespoke item, he isn't.

    I see DFS have an 0800 number -- you could repeatedly call it a dozen times a day,
    Originally posted by esuhl
    Are you serious ?
    • cookie365
    • By cookie365 4th Dec 17, 6:11 PM
    • 1,740 Posts
    • 1,121 Thanks
    cookie365
    Not on a bespoke item, he isn't.
    Originally posted by Moneyineptitude
    I can't see any reference from the OP to it being a bespoke item.
    • esuhl
    • By esuhl 4th Dec 17, 6:43 PM
    • 7,783 Posts
    • 5,584 Thanks
    esuhl
    Not on a bespoke item, he isn't.
    Originally posted by Moneyineptitude
    Yes he is. Bespoke items aren't exempt from the requirement that they be fit for purpose.

    Are you serious ?
    Originally posted by Moneyineptitude
    Yes. As I said, this technique has worked for me. A certain company offered me £250 if I promised not to call them again and would consider the matter "resolved".
    • eddddy
    • By eddddy 4th Dec 17, 6:52 PM
    • 5,554 Posts
    • 5,235 Thanks
    eddddy
    So you relied on this statement by DFS when entering into the contract - which you are fully entitled to do:

    The Salesman said "its the delivery drivers job they'll get it in, even if they have to take the sofa apart".
    Originally posted by Parkinator
    It now turns out that was misrepresentation, so you have the legal right to all your money back.

    However, I suspect that the salesman may deny saying that. So if DFS refuse to refund all your money, your only choice might be to take them to the small claims court.

    Essentially, you would put forward your side of the story, and the salesman would put forward his side of the story - and the court would decide who is most likely to be telling the truth.

    It's up to you to decide whether it's worth it for the amount of money involved.
    • camelot1971
    • By camelot1971 4th Dec 17, 8:35 PM
    • 554 Posts
    • 872 Thanks
    camelot1971
    How is a sofa retailer supposed to know whether a sofa fits into a customers house? They don't offer a home visit service so it's up to the customer to take measurements and find out. How about people taking some personal responsibility instead of blaming everyone else?

    I'd usually be the last person to defend DFS but why can't people just use common sense? No doubt if DFS had refused to sell that sofa as it wouldn't fit, the OP would be on here finding out their "rights" to sue them for compo due to the stress.
    • elsien
    • By elsien 4th Dec 17, 8:40 PM
    • 15,450 Posts
    • 38,810 Thanks
    elsien
    Yes he is. Bespoke items aren't exempt from the requirement that they be fit for purpose.
    Originally posted by esuhl
    I can't see how not being able to get a settee round a corner makes it unfit for purpose. It is fit for purpose, just not in the place the OP wants it to be.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • Yokel
    • By Yokel 4th Dec 17, 8:51 PM
    • 14 Posts
    • 1 Thanks
    Yokel
    Usually cals are recorded by companies for training purposes. If DFS do this they may have a copy of the call you made where the sales person said it would come to pieces. Request this at it would prove he said that.
    • meer53
    • By meer53 4th Dec 17, 9:22 PM
    • 9,010 Posts
    • 13,066 Thanks
    meer53
    Usually cals are recorded by companies for training purposes. If DFS do this they may have a copy of the call you made where the sales person said it would come to pieces. Request this at it would prove he said that.
    Originally posted by Yokel
    Where does it say they ordered by telephone ?
    • Yokel
    • By Yokel 5th Dec 17, 1:49 AM
    • 14 Posts
    • 1 Thanks
    Yokel
    The wording of the post makes it sound like they did it over the phone as they say they "ordered" and "spoke to a salesman". If it was in store you would "buy" one. Not order it.

    Does it matter? It was just a suggestion. I would have added "if you ordered by phone" but I am unable to edit posts.
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